National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 1)
I, Amanda Rishworth, Minister for Social Services, make the following declaration.
Dated 28 February 2023
Amanda Rishworth
Minister for Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 1).
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | |
Provisions | Commencement | |
The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
3 Authority
This instrument is made under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
1 Schedule 1 (at the end of the table)
Add:
73 | Harold Blair Holiday Project | Queensland |
2 Schedule 2 (at the end of the table)
Add:
41 | Harold Blair Holiday Project | Queensland |
42 | OPAL Joyce Wilding Home | Queensland |
43 | Opal House | Queensland |
44 | Fresh Air League | Western Australia |
45 | Waroona Christian Family Centre | Western Australia |
46 | Kurrawang Mission | Western Australia |
47 | Fitzroy Crossing Mission | Western Australia |
48 | The Australian Evangelical Aborigines Mission (also known as the Australian Evangelical Mission) | Western Australia |
49 | Shiloh Home | Western Australia |
50 | Gilead Boys Home | Western Australia |
51 | Roelands Native Mission Farm | Western Australia |
52 | Gnowangerup Mission | Western Australia |
53 | Mount Margaret Mission | Western Australia |
54 | Warburton Mission | Western Australia |
55 | Amy Bethel House | Western Australia |
56 | Badjaling Mission | Western Australia |
57 | Cosmo Newberry Mission | Western Australia |
58 | Djurain Mission | Western Australia |
59 | United Aborigines Mission Halls Creek | Western Australia |
60 | Mount Magnet Mission | Western Australia |
61 | Sunday Island Mission | Western Australia |
62 | Kurrawang Cottage | Western Australia |
63 | Pukulari Cottage | Western Australia |
64 | Lake Jasper Aboriginal Corporation | Western Australia |
65 | Aboriginal Child Care Agency | Western Australia |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 1) was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, addressing the need to expand the list of entities recognised as Funders of Last Resort under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislative instrument was introduced by Amanda Rishworth, the Minister for Social Services, under the authority of the Act's subsections 164(2) and 164A(2). The primary objective of this amendment is to ensure that additional entities involved in institutional child sexual abuse are recognised and included within the Scheme, thereby extending the scope of redress available to victims. This amendment aims to provide a more comprehensive and inclusive approach to redress for those affected by institutional child sexual abuse, reflecting a policy commitment to recognising and addressing the full extent of such abuses.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 1) amends the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, expanding the list of institutions eligible for funding as 'Funders of Last Resort' under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act applies to victims of institutional child sexual abuse who have suffered harm in specific institutions, providing a scheme for redress. The amendment adds several institutions from Queensland and Western Australia to the list, thereby extending the geographic reach of the scheme to include these new entities. The amendment does not specify exclusions or thresholds for eligibility, but rather identifies additional institutions that are now included in the scheme. This instrument, made under subsections 164(2) and 164A(2) of the Act, comes into effect the day after it is registered. The expanded list in the Schedules ensures that more victims can access the redress scheme, thereby broadening the application of the Act to cover more instances of institutional child sexual abuse.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 1) amends the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. The instrument, made under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, came into effect the day after its registration on 28 February 2023. This amendment introduces new entities to be considered as 'funders of last resort' under the Scheme, thereby expanding the scope of eligible organisations for financial redress related to institutional child sexual abuse.
The Act imposes specific obligations on the parties involved, requiring the inclusion of additional organisations as 'funders of last resort'. These organisations are now eligible for financial compensation under the Scheme for victims of institutional child sexual abuse. The inclusion of these entities aims to ensure broader coverage and support for victims, acknowledging the historical and ongoing harm caused by institutional child sexual abuse.
Breach of the provisions within this Act may result in civil or criminal consequences, although the specific penalties are not detailed within the text of this instrument. However, it is important to note that the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, under which this amendment operates, includes provisions for penalties in the event of non-compliance. The overarching legislative framework thus provides a basis for potential penalties, although the exact nature and extent of these consequences would need to be examined within the primary Act and any related legislation.